V.V.S.RAO. J.

The petitioner filed the instant writ petition seeking following prayers.

For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a Writ of Mandamus or any other appropriate writ or order or direction:

(i) To stay the operation of the notice No.A/9/2010, dated 20.3.2010 issued by the 1st respondent as arbitrary, illegal and the same is against the principles of natural justice and norms of the public policy.

(ii) Fix the liabilities of the 1st to 5th respondents and subsequently direct the 6th

respondent to take such action as this Hon’ble Court deems fit and proper against ghem.

(iii) Direct the 1st respondent to pay damages of Rs.4,00,000/- to the petitioner towards his mental agony, hardship and the cost of construction of illegally pulled down a portion of RCC House No.1-8-20 illegally.

The case of the petitioner is that he is owner of house No.1-8-20 in an area of 262.50 Sq.yards situated at Kollapur Village and Mandal in Mahabubnagar District. In connection with widening of 80 feet road from Ramalayam to R&B guest house at an estimated cost of Rs.1.44 crores, first respondent issued notice bearing No.A/9/2010, dated 20.3.2010 to Smt.P.Atchamma, W/o.Eranna. She is vendor of petitioner. By the said notice, it was informed that house bearing No.1-8-20 located after 40 feet from the centre of the road needs to be removed for widening purpose. The noticee was asked to remove 10 feet within 15 days otherwise the house/shop shall be removed. Petitioner also alleges that fifth respondent in gross abuse of the authority pulled down portion of the house during 21.4.2010 to 23.4.2010 in spite of objection raised by the security guard of petitioner, causing loss of Rs.2.00 lakhs towards reconstruction. Petitioner alleges that no notice was issued to him and that due to mental agony and hardship he is also entitled for additional sum of Rs.2.00 lakhs towards damages. It is also alleged that on 13.4.2010 second respondent allegedly requested Revenue Divisional Officer, Nagarkurnool to accord permission to the concerned officer but the same does not specifically speak about widening of existing road. The petitioner therefore seeks an order restraining fifth respondent from demolishing petitioner’s house and pay damages.

This Court heard counsel for petitioner and Standing Counsel for Gram Panchayats. The counsel for petitioner relied on Gudi Malkapur Coop. Housing Society v LAO, HUDA (2007(1) ALD 339 (DB)) and submits that when right to property protected under Article 300A of Constitution of India is violated, aggrieved person can seek remedy either under Article 226 of Constitution or by a civil suit for deprivation of the same. He also submits that the notice issued to petitioner’s vendor, who is not at all residing in the in the place, is not sufficient compliance with principles of natural justice. These contentions are refuted by the other side.

In exercise of powers under Article 226 of Constitution, High Court of Andhra Pradesh made Writ Proceeding Rules, 1997. As per Rule 3(a), a petition for direction, order or writ including a writ of habeas corpus, Mandamus, certiorari, quo warranto or prohibition shall be by an original petition to be entitled “Writ Petition” and every such petition shall set out inter alia the relief sought specifically. The relief to stay operation of the notice generally is incidental to the main relief. Unless and until a declaration is sought that order sought to be stayed suffers from illegality, a writ petition for stay cannot be entertained. Therefore a writ petition for only stay without declaration would not lie. But merely because the relief is wrongly sought, this Court as sentinal qui vive cannot throw out petition on that ground. Therefore, the present writ petition cannot be treated as the one seeking appropriate mandamus declaring the impugned notice dated 20.3.2010 as illegal.

As per Section 53 of Andhra P